This document contains the Terms and Conditions of Use of Acuity Institute LLC Resources as well as your Enrollment Agreement Information.  Please read in its entirety.

TERMS AND CONDITIONS OF USE OF ACUITY INSTITUTE LLC RESOURCES

GENERAL - The Terms and Conditions of use (collectively, the “Agreement”) governs your use of resources provided by Acuity Institute LLC, including without limitation Internet-based learning services, computing, information services, software, information/communication, Acuity Institute Student Center, Acuity Institute LLC website, and online courses, (collectively, the "Online Service"), as well as offline courses, publications, and other content provided by Acuity Institute LLC (collectively, including the Online Service, "Resources").

Your use of the Resources including participation in the Online Service is conditioned upon your acceptance of the terms and conditions contained in this Agreement.

If you find that at any time or any part of this Agreement is no longer acceptable to you, you must terminate your use of the Resources and your Online Service account.  You may terminate your Online Service account by contacting Acuity Institute at Contact Us.

Basic Terms and Conditions for Resources (the applicability of the following only apply to the products and/or services you purchase or use):

• Online Training Access Period: access period begins on the date Acuity Institute emails you your course login ID and Password.  Your course access period start date and end date are confirmed in your getting started instructions. User login (enrollment) is non-transferable.
• Certification Exams: You will have 1 attempt to successfully pass a certification exam (2 attempts for the Kaizen Workshop).   If you do not pass the exam, you will be charged a fee of $100 for the Green Belt and Black Belt exams and $25 for all other courses if you choose to retake the exam.  The exam must be completed prior to the end date of your Online Training Access Period.  If a refund for the online course is granted, you are not eligible to receive an exam certification certificate. 
• SigmaXL Statistical Analysis Software (for applicable courses):  This is a non-refundable product and is included in the non-refundable portion of your course fees.  SigmaXL is a third party application.  Acuity Institute is not responsible for supporting this application.  If you have any application specific questions please visit www.sigmaxl.com.
• Online Training Refunds (for students whose tuition is paid for by their company or by the company they work for).  All others please see the refund policy below): If you are not completely satisfied within 14 days of purchasing any online course you purchased, you may request a 100% refund by emailing us, visit Contact Us.  Provide your cancellation request along with a reason why and one of our associates will notify you of the reimbursement.  Any request received after this trial period is not subject to reimbursement.
• Simulated Project Certification (for applicable courses): You will be required to complete project deliverables, develop project tollgate presentations, and answer questions from Six Sigma Experts about your simulated project results.  Upon completion of the project you will submit the required documentation for Simulated Project Certification.  The submitted project will be reviewed by a panel of Six Sigma Experts.  The project must meet Acuity Institute’s Simulated Project Certification requirements and be completed during the Online Training Access Period.  There is no guarantee of Simulated Project Certification. 
• Project Certification (for applicable courses): You will be required to complete project deliverables, develop project tollgate presentations, and answer questions from Six Sigma Experts about your project results.  Upon completion of the project you will submit the required documentation for Project Certification.  The submitted project will be reviewed by a panel of Six Sigma Experts.  The project must meet Acuity Institute’s Project Certification requirements and be completed during the Online Training Access Period.  There is no guarantee of Project Certification.
• eBooks: You will need the most recent version of Adobe Reader to view the eBook (if you do not have the most recent version of Adobe Reader, you can download it for free from the following link: http://www.adobe.com/products/acrobat/readstep2.html).

The Resources, including the eBook, are licensed for individual use only and use is authorized only for registered students of Acuity Institute LLC. No Reproduction Transmission and/or Distribution, is Allowed Without Written Approval from Acuity Institute. To protect the intellectual property of the materials, you will not be able to copy from the eBook or other electronic Resources. Unlawful use, transmission and/or distribution of the eBook will be subject to the maximum fine allowable by the law.

You are required to provide the following (for online courses):

• A computer with Microsoft Windows operating system (Windows 2000, 2003, XP, Vista, Windows 7)
• A high speed internet connection for your computer and a web browser (Internet Explorer  or Firefox is highly recommended)
• Sound capability on your computer (speakers or headphones)
• Adobe Reader (free software)
• Macromedia Flash Player (free software)
• Microsoft Office 2000 or higher

In addition, third parties provide information, software and other content ("Third Party Content") which may be accessed over the Online Service.

ELECTRONIC COMMUNICATIONS - We communicate with our customers electronically or with the use of e-mails or by posting notices on our site. When you send an e-mail to us, you are communicating to us and therefore you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT - All content provided on this site is owned by or licensed to Acuity Institute LLC and/or its affiliates, which are protected by international copyright laws. For any materials which are not produced or wholly owned by Acuity Institute LLC, full credits are explicitly provided. Please contact Acuity Institute LLC if you find any of the Resources have been misused. Acuity Institute LLC and its licensors retain all proprietary rights to the Resources.

TRADEMARKS - All trademarks, service marks, trade names, logos and graphics ("Marks") indicated on this site are properties of Acuity Institute LLC and/or its affiliates. You may not make any use of Acuity Institute LLC Marks without the prior written consent of Acuity Institute LLC.

GRANT OF LICENSE AND SITE ACCESS - Acuity Institute LLC grants you a limited license to access and make personal use of the Online Service, with a standard web browsing program not supplied by Acuity Institute LLC, subject to this Agreement. You may not share your access nor distribute, reproduce, duplicate, copy, download, sell, or resell any Content from the Online Service to others in any form without the prior written permission of Acuity Institute LLC. Any unauthorized use or the breach of this Agreement terminates the license granted by Acuity Institute LLC.

REGISTRATION - As part of the registration process, you will be required to provide certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide Acuity Institute LLC with any to that information promptly after such changes occur.

As the right of use of the Online Service is personal to you, hence you are not permitted to transfer your right to use the Online Service to any other person. You are not permitted to share your password with others, and allow them to use the Online Service through your account. You are to be held responsible for the usage of your account, under any password by any person whether or not authorized by you, and to ensure that all use of your account complies with this Agreement.

DAMAGE OR LOSS GUARANTEE - You hereby agree to indemnify, defend and hold Acuity Institute LLC, and all of its directors, employees, owners, information providers, affiliates and licensors (collectively, the " Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by Acuity Institute LLC or any representative in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. Acuity Institute LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Acuity Institute LLC in defense of such claim.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF RESOURCES IS AT YOUR SOLE RISK. NEITHER ACUITY INSTITUTE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT RESOURCES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RESOURCES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ACUITY INSTITUTE RESOURCES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ACUITY INSTITUTE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER STUDENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL ACUITY INSTITUTE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RESOURCES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE RESOURCES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL RESOURCES.  IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER ACUITY INSTITUTE NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN RESOURCES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.  NEITHER, ACUITY INSTITUTE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE RESOURCES. 

Acuity Institute Web Privacy Policy

Collecting and using personal information
Welcome to Acuity Institute's website. We appreciate your interest in us. When you visit and navigate our sites and when you communicate with us via our sites, we will not collect personal information about you unless you provide us that information voluntarily. Any non-public personal information that you may provide via our sites will be used solely for the purpose stated on the page where it is collected.  (In some cases, and in all cases where required by law or regulation, you will be able to update the information that you provide to us either by sending us an e-mail or, where you have established personal profiles with us, by updating your profile online. Please refer to the specific pages where data is collected for more information.) Acuity Institute will not sell, license, transmit or disclose this information outside of Acuity Institute and its affiliated companies unless (a) expressly authorized by you, (b) necessary to enable Acuity Institute contractors or agents to perform certain functions for us, or (c) required or permitted by law. In all cases, we will disclose the information consistent with applicable laws and regulations and we will require the recipient to protect the information and use it only for the purpose it was provided.

By “personal information,” we mean data that is unique to an individual, such as a name, address, number, e-mail address, or telephone number. From time to time, we may request personal information from you at our sites in order to deliver requested materials to you, respond to your questions, or deliver a product or service.

Your e-mail
We welcome your comments or questions about our websites and have provided e-mail boxes for that purpose. We will share your comments and questions with our customer service representatives and those employees most capable of addressing your questions and concerns.

Other information; "cookies" and "tags"
You should also be aware that when you visit our websites, we collect certain information that does not identify you personally, but provides us with "usage data," such as the number of visitors we receive or what pages are visited most often. This data helps us to analyze and improve the usefulness of the information we provide at these websites.

Like most commercial website owners, we may use what is known as "cookie" technology. A "cookie" is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns and better serve you when you return to that site. The cookie does not extract other personal information about you, such as your name or address.

We may also use what is known as "client-side page tagging", which uses code on each page to write certain information about the page and the visitor to a log when a page is rendered by your web browser. This technique is also commonly used on commercial websites. "Tagging" does result in a JavaScript program running on your computer, but it is limited to providing information about the page that you are requesting and the configuration of your browser. It will not read any of your data files, or execute any additional programs. It does not extract any personal information about you, such as your name or address. You can prevent tagging by disabling JavaScript in your browser, but that may prevent you from using all of our website's functions.

Linking to other sites
From time to time, Acuity Institute websites may provide links to other websites, not owned or controlled by Acuity Institute, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites.  Links to various non-Acuity Institute websites do not constitute or imply endorsement by Acuity Institute of these websites, any products or services described on these sites, or of any other material contained in them.

ENROLLMENT AGREEMENT INFORMATION

TUITION & FEES SUMMARY:           
Locate your course below to review the tuition and fees associated with your course.

COURSE START DATE
Postponement of starting date, whether at the request of the school or the student, requires a written agreement signed by the student and the school.  The agreement must set forth:

• Whether the postponement is for the convenience of the school or student; and,
• A deadline for the new start date, beyond which the start date will not be postponed.

If the course is not commenced, or the student fails to attend by the new start date set forth in the agreement, the student will be entitled to an appropriate refund of prepaid tuition and fees within 30 days of the deadline of the new start date set forth in the agreement, determined in accordance with the school’s refund policy and all applicable laws and rules concerning the Private Occupational Education Act of 1981.

COMPLAINTS
Complaints which cannot be resolved by direct negotiation between the student and the school may be filed online with the Division of Private Occupational Schools of the Colorado Department of Higher Education, at highered.colorado.gov/dpos, 303-866-2723. 

REFUND POLICY (applicable for students who paid their own tuition and/or tuition is not paid for by their company and/or by the company they work for)
Students not accepted to the school are entitled to all moneys paid.  Students who cancel this contract by notifying the school within 3 days are entitled to a full refund of all tuition and fees paid*.  Students who withdraw after the 3 day period, but before commencement of the lessons, are entitled to a full refund of all tuition and fees except the maximum cancellation charge of $150.00 or 25% of the contract price, whichever is less.  In the case of students withdrawing after commencement of lessons, the school will retain a cancellation charge plus a percentage of tuition and fees, which is based on the percentage of number of lessons completed, as described in the table below.  The refund is based on the last date of recorded online activity.

*Once downloaded materials (ebook, course toolkit and Statistical Software) are accessed, these fees for these items are non-refundable. 

Printed Course Materials
You may return unused printed course materials within 30 days of delivery for a full refund.  Printed course materials that have been used or returned more than 30 days after delivery will receive a partial refund (25% of purchase price).  Printed Course materials must be returned in their original packaging.

Lean for Six Sigma Green Belt and Black Belt Courses

Transactional Lean, Disruptive Change, Lean Six Sigma Yellow Belt

Kaizen Workshop

• The student may cancel this contract at any time prior to midnight of the 14 day after signing this contract.
• All refunds will be made within 30 days from the date of termination.  The official date of termination or withdrawal of a student shall be determined in the following manner:
• The date on which the school receives notice of the student’s intention to discontinue the training course; or
• The date on which the student violates published school policy, which provides for termination.
• Should a student fail to return from an excused leave of absence or a leave of absence is the earlier of the date the school determines the student is not returning or the day following the expected return date.
• The student will receive a full refund of tuition and fees paid if the school discontinues a course within a period of time a student could have reasonably completed it, except that this provision shall not apply in the event the school ceases operation.
• The policy for granting credit for previous training shall not impact the refund policy.

By accepting the Acuity Institute Business Terms above, the student agrees to pay Acuity Institute the total stated tuition and fees.  The school agrees to provide the occupational training in accordance with the provisions of the school’s current Catalog Volume No. 2 Dated January 7, 2011.  Payment of all monies due shall be a condition of continuing enrollment.  Upon satisfactory completion of all academic and skill requirements and when all financial obligations to the school have been met the school will award the Acuity Institute Certificate of Certification to the student.  The student and school understand that this Enrollment Agreement, WHICH INCLUDES THE REFUND POLICY, may not be amended except in writing and signed by both parties.

Last Updated: June 1, 2011